Rush v. Kenneth Rust Enterprises et al

Filing 30

JUDGMENT - IT IS ORDERED, ADJUDGED AND DECREED, pursuant to the Court's order entered 3/3/2015[DE-8], that Plaintiff's claims against Defendants Humpries, Michelle Nobles-Evans, and Adam Lewis are DISMISSED. Additionally, any claim under the Equal Pay Act is DISMISSED. IT IS FURTHER ORDERED, ADJUDGED AND DECREED, pursuant to the Court's order entered 11/10/2015 [DE-29], that Plaintiff's claim under the Equal Pay Act is DISMISSED. Plaintiff's Title VII claim is DISMIS SED without prejudice to refile. To the extent Plaintiff has brought a claim under the ADEA, that claim is also DISMISSED without prejudice to refile. Signed by Deputy Clerk Jacqueline B. Grady on behalf of Julie Richards Johnston, Clerk of Court, on 11/10/2015. Copy sent to Thomas J. Rush 414 Cain Road, St. Pauls, NC 28384 via US Mail on 11/10/2015. (Grady, B.)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NORTH CAROLINA SOUTHERN DIVISION THOMAS J. RUSH, ) Plaintiff, ) ) v. ) ) KENNETH RUST ENTERPRISES d/b/a ) MCDONALDS, DOUGLAS HUMPRIES, ) MICHELLE NOBLES-EVANS and ) ADAM LEWIS, ) Defendants. ) JUDGMENT No. 7:15-CV-19-F Decision by Court. This action came before the Honorable James C. Fox, Senior United States District Judge, for ruling as follows: IT IS ORDERED, ADJUDGED AND DECREED, pursuant to the Court’s order entered 3/3/2015 [DE-8], that Plaintiff’s claims against Defendants Humpries, Michelle Nobles-Evans, and Adam Lewis are DISMISSED. Additionally, any claim under the Equal Pay Act is DISMISSED. To the extent that Plaintiff moves to amend his complaint, such motion is ALLOWED, and the Amended Complaint [DE-7] is now the operative pleading in this action. Any Equal Pay Act Claim asserted in the Amended Complaint [DE-7] is DISMISSED IT IS FURTHER ORDERED, ADJUDGED AND DECREED, pursuant to the Court’s order entered 11/10/2015 [DE-29], that Plaintiff’s claim under the Equal Pay Act is DISMISSED. Plaintiff’s Title VII claim is DISMISSED without prejudice to refile. To the extent Plaintiff has brought a claim under the ADEA, that claim is also DISMISSED without prejudice to refile. This Judgment Filed and Entered on November 10, 2015, and Copies To: Thomas J. Rush (via U.S. Mail to 414 Cain Road, St. Pauls, NC 28384) Adam M. Bridgers (via CM/ECF electronic notification) Mason G. Alexander (via CM/ECF electronic notification) DATE November 10, 2015 JULIE RICHARDS JOHNSTON, CLERK /s/ Jacqueline B. Grady (By) Jacqueline B. Grady, Deputy Clerk

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